USDA Orders Cattleman
To Pay Checkoff Fees

WASHINGTON — Kansas cattleman Jerry Goetz must pay more than $136,700 in beef checkoff assessments, late-payment charges and civil penalties under a new order issued by USDA judicial officer William Jenson. Jenson issued the order in response to one more attempt by Goetz to retain a stay on payment of checkoff assessments that he did not pay when he "willfully violated the Beef Promotion and Research Order."

Goetz filed his latest objection on Jan. 11, when he asked the judicial officer to reconsider his earlier order and "strike down the Beef Act as being unconstitutional" in light of a June 2001 ruling in United States vs. United Foods Inc., which focused on the mushroom industry's checkoff.

In his order, Jenson noted that the United Foods case "does not address the Beef Act" and that Goetz had already exhausted all opportunities for judicial review. With that in mind, Jenson lifted the stay he had issued on June 25, 1998 that allowed the cattleman to forego the payments during judicial review of his claim that he should not have to pay the $1 per head assessment.

The new order demands that past-due assessments and late payment charges of $66,913 be paid to the Kansas Beef Council and a civil penalty of $69,804.49 be paid to USDA within 70 days of issue, or by late March.

In November, the U.S. Supreme Court denied Goetz's request for review of his claim that he should not have to pay the checkoff, refusing to consider his charge that the program is unconstitutional. Prior to the Supreme Court petition on Aug. 9, Goetz's claims had been rejected by the U.S. District Court for the District of Kansas, the U.S. Court of Appeals for the 10th Circuit, and, in a previous petition, by the Supreme Court. In his latest Supreme Court petition, Goetz argued that the April 2001 ruling against him by the 10th Circuit should be vacated and reconsidered in light of that court's June 2001 ruling in the United Foods case.

The Supreme Court's refusal to hear the Goetz case let stand the U.S. Court of Appeals ruling, and USDA's lifting of the stay removed the final obstacle to collection of assessments.